Judges beware
Series: Building ; 266(8185) 18 May 2001, 58-59(2)Publication details: 2001Subject(s): Online resources: Summary: Questions the use of case management as demonstrated in "The Royal Brompton Hospital National Service Trust v Hammond and Others" (2001), where the judge's decision to strike out claims, made in accordance with the Woolf reforms, was overruled by the CA. The judge doubted the substance of some of Brompton's allegations and using the powers of the Civil Procedure Rules struck most of the claims out. However, the CA claimed that the balance of probabilities test adopted by the judge was not sufficient proof to strike out claims, and decided that the issues should be determined at a full trial. Copy of judgement available on http://porch.ccta.gov.uk/courtser/judgements.nsf/Search/D61D800F52CC36BD80256A3300340860?OpenDocument| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS63949 (Browse shelf(Opens below)) | 1 | Available | 112855-1001 |
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Questions the use of case management as demonstrated in "The Royal Brompton Hospital National Service Trust v Hammond and Others" (2001), where the judge's decision to strike out claims, made in accordance with the Woolf reforms, was overruled by the CA. The judge doubted the substance of some of Brompton's allegations and using the powers of the Civil Procedure Rules struck most of the claims out. However, the CA claimed that the balance of probabilities test adopted by the judge was not sufficient proof to strike out claims, and decided that the issues should be determined at a full trial. Copy of judgement available on http://porch.ccta.gov.uk/courtser/judgements.nsf/Search/D61D800F52CC36BD80256A3300340860?OpenDocument